joshua nyato vs julius salingwa 2014 tzhc 2235 26 september 2014

joshua nyato vs julius salingwa 2014 tzhc 2235 26 september 2014

The application before the District Court was filed under wrong provisions of the law, rendering the proceedings and decision a nullity for lack of jurisdiction; consequently, the present application, originating from a nullity, is also incompetent and struck out.

Source-derived case information.

Citation
joshua nyato vs julius salingwa 2014 tzhc 2235 26 september 2014
Parties
Applicant: Joshua Nyato; Respondent: Julius Salingwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 September 2014
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Jurisdiction, Appeals From Primary Court, Proper Citation of Law
Source Language
english
Criminal Law Civil Procedure Extension of Time Jurisdiction Appeals From Primary Court Proper Citation of Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Joshua Nyato

Applicant

Julius Salingwa

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether the District Court had jurisdiction to entertain the application filed under wrong provisions of law

Ratio Decidendi

The application before the District Court was filed under wrong provisions of the law, rendering the proceedings and decision a nullity for lack of jurisdiction; consequently, the present application, originating from a nullity, is also incompetent and struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Proceedings and decision of Misc. Criminal Application No. 2 of 2010 before Njombe District Court declared a nullity
  • Present application struck out